Osama bin Laden’s welcome death has ignited debate over whether the so-called enhanced interrogation techniques used on enemy prisoners were instrumental in locating bin Laden, and whether they are a justifiable means for gathering intelligence.
Much of this debate is a definitional one: whether any or all of these methods constitute torture. I believe some of them do, especially waterboarding, which is a mock execution and thus an exquisite form of torture. As such, they are prohibited by American laws and values, and I oppose them.
I know those who approved and employed these practices were dedicated to protecting Americans. I know they were determined to keep faith with the victims of terrorism and to prove to our enemies that the United States would pursue justice relentlessly no matter how long it took.
I don’t believe anyone should be prosecuted for having used these techniques, and I agree that the administration should state definitively that they won’t be. I am one of the authors of the Military Commissions Act, and we wrote into the legislation that no one who used or approved the use of these interrogation techniques before its enactment should be prosecuted. I don’t think it is helpful or wise to revisit that policy.